Promotion Criteria – Rule 13.14(2) of Punjab Police Rules 1934 – Eligibility criteria for promotion to Inspector – Rule 13.14(2) prescribes eight years' approved service for promotion to selection grade of Sub-Inspector, with at least five years in the rank of Sub-Inspector – High Court upheld requirement as neither arbitrary nor discriminatory – Government order abolishing selection grade did not render Rule 13.14(2) redundant – Criteria for promotion to Inspector includes maintaining experience requirement for proper evaluation [Paras 1-21].

Statutory Interpretation – Conjoint Reading of Rules – Promotion from Sub-Inspector to Inspector governed by Rules 13.1, 13.14, and 13.15 – High Court and Supreme Court emphasized harmonious construction to preserve legislative intent – Promotion criteria maintained to ensure efficiency and competency in higher ranks [Paras 13-20].

Government Order – Impact on Promotion Rules – 1987 order discontinuing selection grades for Group B, C, and D employees did not nullify experience criteria in promotion rules – Experience requirements continued to be applicable for assessing eligibility for promotion to Inspector [Paras 16-19].

Decision – Appeals dismissed – High Court judgment upheld – Promotions of private respondents to Inspector validated based on compliance with Rule 13.14(2) [Para 21].

Service Law – Ex-servicemen – Seniority – Rule 9(3) of Punjab Recruitment of Ex-servicemen Rules, 1982, does not grant benefit for military service towards seniority – Appellant not entitled to claim benefit under Rule 4 of 1972 Rules for determining seniority after the enforcement of 1982 Rules – Appeals dismissed [Paras 1-24].

Repeal and Savings – Application of Repealed Rules – 1982 Rules repealed 1972 Rules and did not continue the benefit of military service for seniority – Saving clause in Rule 9(3) does not extend benefit as no right had accrued before joining the service – Seniority to be governed by rules in force at the time of appointment [Paras 9-23].

Reservation of Vacancies – Reservation Quota – Previous judgment (Ishwar Singh vs. State of Punjab) held twenty percent reservation for vacancies prior to 1982 – Does not affect determination of seniority governed by 1982 Rules – Seniority determined based on entry into service [Paras 12-16].

Decision – Appeals dismissed – No benefit of military service for seniority under 1982 Rules – Seniority governed by rules applicable at time of appointment [Para 24].

Electoral Bonds – Transparency and Accountability – Scheme ensures transactions only through banking channels – Purchasers must comply with KYC norms – Scheme allows anonymity but ensures traceability through banking records – Companies' financial statements must reflect expenditures, ensuring public access through the Registrar of Companies – Interim arrangement requires political parties to submit detailed particulars of donors to the Election Commission in sealed covers – No justification for stay as the Scheme has been operational since 2018 with interim safeguards in place [Paras 1-28].

Non-Tradability and Eligibility – Bonds not tradable – Only Indian citizens or entities incorporated in India can purchase – Scheme prevents use of black money through stringent banking and KYC norms – Apprehensions about misuse by foreign entities and black money transactions are unfounded [Paras 26-27].

Decision – Applications for stay dismissed – No new interim reliefs granted – Scheme to continue with existing safeguards as per interim order dated 12.04.2019 [Para 28].

Arbitration and Insolvency – Section 7 of IBC and Section 8 of Arbitration Act – Petition under Section 7 of IBC filed by Kotak India Venture for initiation of Corporate Insolvency Resolution Process (CIRP) – Application under Section 8 of Arbitration Act filed by Indus Biotech to refer the matter to arbitration – NCLT allowed the application under Section 8, leading to dismissal of the Section 7 petition – Supreme Court held that if an application under Section 7 is not admitted and default is not established, the dispute can be referred to arbitration – Proceedings under IBC become non-arbitrable only after admission of the petition and commencement of CIRP [Paras 1-38].

Default and Debt – Determination of Default – NCLT’s role in assessing whether default has occurred – Supreme Court emphasized that Adjudicating Authority must evaluate evidence to determine default before admitting a Section 7 petition – Mere existence of debt does not imply default – In the present case, NCLT correctly found no default due to ongoing negotiations and dispute over conversion formula for shares [Paras 19-30].

Arbitral Tribunal – Constitution of Arbitral Tribunal – Indus Biotech’s request for a single arbitral tribunal to resolve disputes under multiple agreements – Supreme Court appointed a tribunal with Justice V.N. Khare and Justice R.M. Lodha as arbitrators, who would then select the third arbitrator – Tribunal to handle international and domestic disputes separately but with the same members [Paras 36-37].

Decision – Appeal dismissed – Arbitration Petition allowed – Proceedings under Section 7 of IBC not admitted – Matter referred to arbitration with appointed tribunal [Para 38].

Criminal Law – Murder and Common Object – Appellants convicted for murder with common object – High Court reversed trial court’s acquittal – Supreme Court upheld the conviction, affirming that the assault was intentional and all accused shared a common object – Minor contradictions in witness testimonies deemed insufficient to discredit overall reliability – Application of Sections 302/149 IPC appropriate [Paras 1-12].

Appeal in Case of Acquittal – Scope and Interference – High Court justified in interfering with trial court’s acquittal under Section 378 CrPC – Trial court’s view not possible given the evidence – Supreme Court emphasizes that appellate courts can overturn acquittal if trial court findings are perverse or contrary to evidence [Paras 7-11].

Witness Testimony – Reliability – Witnesses closely related to deceased but their testimonies found consistent and credible – Supreme Court criticizes trial court’s dismissal of testimonies based on minor discrepancies and relationship to the deceased – High Court’s reappreciation of evidence upheld [Paras 6, 9-11].

Decision – Appeal Dismissed – Conviction and sentence of life imprisonment for the appellants affirmed – Common object and intentional assault leading to death established beyond reasonable doubt [Para 12].

Termination of Concession Agreement – Arbitration Clause – Termination of Concession Agreement by Haryana Shehri Vikas Pradhikaran (HSVP) due to alleged default by concessionaire – Invocation of writ jurisdiction by HMRTC and HSVP to challenge termination notices and ensure continuation of metro operations – Supreme Court held arbitration clause provides sufficient recourse for resolving disputes – High Court's order for deposit of 80% of debt due into Escrow Account affirmed – Remaining disputes to be resolved through arbitration [Paras 1-28].

Jurisdiction – Article 226 – High Court's intervention justified to prevent disruption of essential metro services – Supreme Court emphasized arbitration as primary forum for dispute resolution under Concession Agreements – High Court directed to supervise interim arrangements and facilitate arbitration process [Paras 30-36].

Debt Due – Compliance with Concession Agreement – Auditors to determine debt due as per Concession Agreements – CAG report on debt due considered valid and binding – Deposit of 80% of debt due into Escrow Account mandated within three months – Remaining claims to be addressed in arbitration [Paras 37-42].

Decision – Appeals dismissed – Directions for deposit of 80% of debt due into Escrow Account upheld – Parties granted liberty to pursue arbitration for resolving residual disputes – Interim measures by High Court to continue till arbitration outcomes [Para 43].

Free Speech – Criminal Charges for Facebook Post – FIR quashed – Appellant's Facebook post criticized the lack of action by the Meghalaya government and police against culprits who attacked non-tribal youths – Supreme Court held that the post did not promote enmity or hatred between communities – No intention to incite violence or disrupt public order – Free speech cannot be stifled by criminal charges without such tendencies – FIR quashed [Paras 1-16].

Section 153A IPC – Promotion of Enmity – Essential ingredients – The intention to promote enmity or hatred is necessary – The post must be read in entirety – Appellant's post was a plea for equality and justice, not incitement – Basic ingredients of Section 153A IPC not met [Paras 9-13].

Public Order – Freedom of Speech – Public discourse – Criticism of government inaction is a legitimate exercise of free speech – Voicing discontent against authorities’ inaction does not amount to hate speech – Calls for justice and protection of rights are protected under Article 19(1)(a) of the Constitution [Paras 14-15].

Decision – Appeal allowed – High Court judgment set aside – FIR quashed – No offence made out under Sections 153A and 505(1)(c) IPC [Para 16].

Service Law – Recruitment Rules – ANM Qualification – The requirement under Rule 5 of the 1997 Rules and Rule 15 of the 2016 Rules for candidates to possess intermediate qualifications in the science stream for appointment as Health Worker/ANM upheld – State's power to prescribe eligibility criteria for recruitment recognized – Advertisement specifying criteria consistent with statutory rules [Paras 1-33].

Eligibility Criteria – Direct Recruitment – No automatic recruitment for ANM post – Selection based on batch-wise seniority and qualifications as per rules – Requirement of intermediate in science stream for recruitment found reasonable and necessary – State's competence to prescribe additional qualifications for employment within its jurisdiction upheld [Paras 1-33].

Statutory Interpretation – Adaptation and Application of Laws – Laws in force in erstwhile state of UP continued in Uttarakhand post-reorganization – Adaptation under Section 87 of the U.P. Reorganization Act ensures continuity of existing rules – Omission to mention rules in adaptation order does not create a legal vacuum – Rules prescribing educational qualifications for ANM recruitment not repugnant to provisions of the Indian Nursing Council Act, 1947 [Paras 26-31].

Decision – Appeals dismissed – Requirement of intermediate in science for ANM recruitment upheld – Advertisement's omission of this criterion does not invalidate the statutory rule – Batch-wise seniority in selection does not override the need to meet prescribed qualifications [Para 33].

Service Law – Regularization of Contractual Employees – Relief of regularization not available to contractual employees based on Umadevi (2006) – Contract employees had not completed 10 years of service by the time of Umadevi judgment – University’s proposed modality for recruitment process including age relaxation and additional marks for service duration approved – Contract employees granted the opportunity to compete with general candidates with some advantage [Paras 1-16].

Eligibility Criteria – Public Advertisement – Age relaxation and benefit of additional marks for service duration – University to provide a fair opportunity for contract employees to compete in the selection process – Public advertisement must include specific mention of these benefits to inform all candidates [Paras 12-14].

Recruitment Process – Compliance with Umadevi Principles – Regular appointments must follow the established recruitment rules – Separate and exclusive tests for contract employees not permissible – Recruitment process must be open to all eligible candidates with contract employees given certain advantages [Paras 11-14].

Decision – Appeals disposed of – Directions for University to include age relaxation and additional marks for contract employees in the recruitment process – Contract employees to be given another chance in future selections if unsuccessful [Para 17].